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HomeMy WebLinkAboutPC Packet 01.10.19AGENDA HUGO PLANNING COMMISSION THURSDAY, JANUARY 10, 2019 HUGO CITY HALL 7:00 p.m. A. ROLL CALL (Arcand, Derr, Fry, Kleissler, Lessard, Luchsinger, Mulvihill, Tjernlund) B. PLEDGE OF ALLEGIANCE C. APPROVAL OF MINUTES 1. October 25, 2018 D. PUBLIC HEARING 1. Ordinance Adopting Rice Creek Watershed District by Reference E. NEW BUSINESS 1. Bald Eagle Sportsmen's Association SUP Review — 6557 125a' St F. OLD BUSINESS 1. Approval of 2019 Goals G. ADJOURNMENT If you need accommodations for the Planning Commission meeting please contact Rachel Juba at (651) 762-6304 or riuba(a ci.hu o.mn.us, thank you. Minutes for the Planning Commission Meeting of Thursday. October 25. 2018 Chair Kleissler called the meeting to order at 7:00 p.m. PRESENT: Arcand, Derr, Fry, Kleissler, Lessard, Tjemlund, Luchsinger, Mulvihill ABSENT: None STAFF: Rachel Juba, Community Development Director Bryan Bear, City Administrator Oath of Office for Maria Mulvihill Alternate Planning Commissioner Maria Mulvihill took the Oath of Office at 7:01 p.m. Alternate Commissioner Mulvihill was recently appointed by the City Council as the newest member of the Hugo Planning Commission. As an Alternate Planning Commissioner, Mulvihill is to participate in Planning Commission meetings and discussions but may only vote on agenda items with the absence of a Planning Commissioner. A2proval of Minutes for the Planning Commission Meeting of September 13. 2018 Arcand made a motion, seconded by Commissioner Derr, to approve minutes for the meeting of September 13, 2018. Seven Ayes to approve minutes for the meeting of September 13, 2018. Motion carried. Public Hearing for PUD and Preliminai•N Plat for The Preserve on Sunset Lake Juba started by recognizing the letter of approval from the MN DNR for The Preserve on Sunset Lake PUD and Preliminary Plat. The applicant is Shlayba, Inc. represented by Cheldon Frank. This property is located on the southwest corner of Sunset Lake. 125a' St. is on the north side and County Rd 7 is on the south side of the property. The property is zoned Rural Residential and the area is occupied by generally 5 acre lots or smaller. The property to the south is located in the City of Grant and is zoned Agricultural Large Scale with a density of one unit per 10 acres. Juba continues to note that the applicant is requesting a PUD and Preliminary Plat for the development of 13 single family homes on 136.7 acres with an overall density of one unit per 10.52 acres, which would meet density requirements for the City of Hugo's Comprehensive Plan and zoning requirements. The property has existing wetlands, but is primarily farm fields. The homes would be located on 5 to 10 acre lots, most of which would be located off a cul-de-sac in the center of the site. Each lot would have its own well and septic. Juba went into detail regarding previous concerns from the Commission that included the applicant focusing more on what items exceed City standard for meeting the PUD criteria in the City Code. There were additional details regarding the PUD and plat, including density, phasing, landscaping, streets/access, sidewalks and trails, drainage/grading, wetlands, park dedication/open space, and utilities. In conclusion, staff found that the applicant meets the required standards and recommends approval of the PUD and Preliminary Plat with the conditions outlined in the resolution. Juba also recommended the Planning Commission open the public hearing and take public comment. Chair Kleissler asks if the Planning Commission has any questions. Commissioner Tjernland asks for clarity on the roles of the Parks Commission and Planning Commission on the premium on acreage for park dedication. Juba states that the Parks Commission makes recommendations to the Planning Commission and City Council on park dedication. The Parks Commission made the recommendation that the applicant would dedicate the land for 8% satisfaction and pay the rest in fee. If it is determined that the applicant can provide an acceptable Planning Commission October 25, 2018 Page 2 appraisal that the piece of property they are dedicating is valued for more than what they would have to pay, than the Parks Commission is comfortable with allowing the City Council to decide on park- dedication. At the time, the applicant had not provided an acceptable method of evaluation for that parcel so the Parks Commission did not accept the arrangement. Commissioner Tjernland asks whether they can accept or not accept that recommendation from the Parks Commission. Juba answers by saying yes, but there is not enough valid information to make a different recommendation. Bryan Bear clarifies that the Parks Commission is always going to make a recommendation on park dedication in terms of land and fees. That recommendation then goes to the Council. The Planning Commission can recommend whatever they would like, but may want to respect the Parks Commission recommendation. Commissioner Fry asks if there is any concern with the plat changing in the long run in terms of lot size. Juba responds by saying that the PUD and Preliminary Plat is subject to this specific plan. The approval is specific to this plan so they cannot carve out any additional lots. Chair Kleissler gave the applicant the opportunity to address the Planning Commission. Applicant Cheldon Frank comes forward with Todd Erikson, engineer on the project. Frank asks if the Planning Commission has any questions. Chair Kleissler asks Frank to address the Commissions concerns previously stated in presentation. Frank starts by addressing that the goal of the development is to preserve the natural land of the area, which is the first intent of the PUD. The developer intends to create a development with high standards that meets city code and standards. Erikson adds that the Planning Commission recommended that they update lot lines 3 and 4 to move away from the wetland, which they did. They determined that the wetland is groundwater and surface water fed, so they looked at preserving it with respect to both proponents. Chair Kleissler asks if there are any additional questions. Chair Kleissler opens the public hearing at 7:36 p.m. Robert Flick of 7788 125x' St. comes forward to ask if there are plans to move forward with constructing a cul- de-sac at the end of 125' St. or if the road is to remain intact. Dale Daul of 12899 Homestead Dr. N comes forward to talk about a deserted park area at the north end of Homestead Dr. N making Sunset Lake a private lake. He is concerned that there will be a similar problem with the proposed park within the development on the south side of the lake. Dorothy Furlong of 12521 Homestead Dr. N comes forward and states that the lake association currently uses the one acre lot to the south of her property to salvage lake weeds and asks if they will lose the ability to do that if a park is built there. Planning Commission October 25, 2018 Page 3 Chair Kleissler closes the public hearing at 7:41 p.m. Juba responds to the questions and concerns from the public hearing. The development plans do not show a cul- de-sac on 125''' St. Juba continues to address the statements about the park. The City does have park property on the north end of Homestead that has remained unimproved with no public access to the lot. The Parks Commission has stated that with the additional property added to the lot on the south side of the lake, there may be some improvements at a later date. In regards to whether or not the Lake Association will continue to have permission to dump their lake weeds there, a discussion will have to occur at the time the lot is developed. Chair Kleissler asks when the Parks Commission meets and how the topic of property improvement will be discussed. Juba explains that the Parks Commission meets the Yd Wednesday of every month and citizens within the area will be notified when the Parks Commission will discuss the improvements to the park property in question. Bryan Bear addresses the questions about access to Sunset Lake. The Parks Commission has a goal listed on their Parks Plan to study lakes such as Sunset Lake to determine the proper way to provide access. Commissioner Luchsinger makes a motion, seconded by Tjernlund, to approve the PUD and Preliminary Plat. All Ayes. Motion Carried. New Business Fry made a motion, seconded by Derr, to cancel the Planning Commission meeting on November 22, 2018 and reschedule the December meetings on December 20 2018. Adi ournment Arcand made a motion, Commissioner Tjemlund seconded, to adjourn at 7:53 p.m. All Ayes. Motion carried. Respectfully Submitted, Emily Weber, Community Development Assistant D.1 CITY OF HUGO MEMORANDUM TO: Hugo Planning Commission FROM: Rachel Juba, Community Development Director SUBJECT: Adoption of Rice Creek Watershed District Rules C, D, E, and F Regarding Stormwater Management DATE: January 7, 2019, for the Planning Commission meeting of January 10, 2019 1. BACKGROUND: The City's Water Resources Management Plan (WRMP) is used as a guide to the City on administration and implementation of all stormwater management activities within the City. The plan was approved by the City Council in 2015 and was formally approved by the Rice Creek Watershed District (RCWD) on July 25, 2018. The plan will now be incorporated in the City's 2040 Comprehensive Plan. The plan states that the City will continue to be the Local Government Unit (LGU) that is responsible for reviewing and approving all activities regarding stormwater management, erosion and sediment control, and floodplain and wetland alterations. The City has a memorandum of understating (MOU) that outlines what rules the City will be administer on behalf of the RCWD and the terms that will be followed. To retain the regulatory authority over these items the City needs to update the MOU and adopt the RCWD rules relating to these areas. The City has been following these rules since it began exercising its LGU authority in 2004. Staff has drafted an ordinance that would adopt the RCWD rules by reference. There are a few instances where the City of Hugo has more restrictive rules than the RCWD, these items have been added the ordinance. 2. CONCLUSION/STAFF RECOMMENDATION: Staff recommends the Planning Commission open the public hearing and take all comments. Staff recommends that the City adopt the RCWD Rules C, D, E, and F, by reference as a standalone ordinance. ATTACHMENTS: 1. Draft Ordinance ORDINANCE 2019 - AN ORDINANCE OF THE CITY OF HUGO ADOPTING CERTAIN RULES OF THE RICE CREEK WATERSHED DISTRICT REGARDING STORM WATER MANAGEMENT. The City Council of the City of Hugo, Washington County, Minnesota, does hereby ordain as follows: WHEREAS, the City of Hugo is responsible for local water resource management and desires to adopt by reference Rice Creek Watershed District's Rules regarding storm water management (Rule C), erosion and sediment control (Rule D) flood plain alteration (Rule E) and wetland alteration (Rule F) and any revisions or amendments thereto by the Rice Creek Watershed District. NOW THEREFORE, it is ordained as follows: Section 1. The following rules of the Rice Creek Watershed District and any amendments or revisions thereto are adopted as ordinances of the City of Hugo: Rule: Rule C "Stormwater Management Plans" (a) The City of Hugo adopts by reference the Rice Creek Watershed District Rule C regarding Stormwater Management Plans. The rules and regulations related to the review of Stormwater management plans will be reviewed by the Local Governing Unit (LGU) in accordance with the Rice Creek Watershed District Rule The Rice Creek Watershed District retains authority for C.5(f) and the City will covey drainage system easements to the Rice Creek Watershed District as required by C.10 (b). (b) Additions. The following regulations are additions to Rule C because they are more restrictive than the Rice Creek Watershed District Rules. (1) Rate Control. The City requires applicable new and redevelopment sites to limit the 100 -year 24-hour rainfall event discharge rate to less than 0.1 cfs/acre. Atlas 14 rainfall data must be used to calculate this value. (2) Freeboard. Any new development or redevelopment within the City will maintain 3 feet of freeboard between the 100 -year high water elevation (HWL) or 10 -day snowmelt event, whichever is greater, of the nearest stormwater BMP or natural waterbody and the minimum building opening. If this 3 -foot freeboard requirement is considered a hardship, the standard could be lowered to two feet if the below conditions can be met: a. Provide flood storage volume within the freeboard area that is at least 50% of the flood storage volume below the 100 -yr HWL; and b. 25% outlet obstruction does not increase the 100 -yr HWL by more than 1'; and c. Adequate emergency overflow (EOF) from basin to provide assurance that 1' freeboard will be maintained for proposed low opening Rule D "Erosion and Sediment Control" (a) The City of Hugo adopts by reference the Rice Creek Watershed District Rule D regarding Erosion and Sediment Control. (b) The application for the modification or alterations of Erosion and Sediment Control will be reviewed by the Local Governing Unit (LGU) in accordance with the Rice Creek Watershed District Rule D. Rule E "Floodplain Alteration" (a) The City of Hugo adopts by reference the Rice Creek Watershed District Rule E regarding Floodplain Alteration. The City will convey drainage system easements to the Rice Creek Watershed District as required by EA(b). (b) The application for the modification or alterations of Floodplain Alteration will be reviewed by the Local Governing Unit (LGU) in accordance with the Rice Creek Watershed District Rule E. Rule F "Wetland Alteration" (a) The City of Hugo adopts by reference the Rice Creek Watershed District Rule F regarding Wetland Alteration. (b) The application for the modification or alterations of Wetland Alteration will be reviewed by the Local Governing Unit (LGU) in accordance with the Rice Creek Watershed District Rule F and the Wetland Conservation Act (WCA). Section 2. In the event of any conflict between the provisions of this ordinance and the provisions in the City Code for City Water Resources Management Plan, the more restrictive standards prevails. Section 3. This ordinance shall be effective after its passage and publication. Section 4. In the event that a court of competent jurisdiction adjudges any part of this ordinance to be invalid, such judgment shall not affect any other provision of this ordinance not specifically included within that judgment. WHEREUPON the following members voted in favor: WHEREUPON the following members voted against: PASSED AND ADOPTED by the City Council of the City of Hugo, Washington County, Minnesota this day of .2019 Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk Agenda Number E.1 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Hugo Planning Commission FROM: Emily Weber, Community Development Assistant SUBJECT: Bald Eagle Sportsmen's Association - Special Use Permit Review DATE: January 3, 2019 for the Planning Commission Meeting of January 10, 2019 ZONING: Rural Residential (RR) 1. DESCRIPTION OF REQUEST: The Bald Eagle Sportsman Association (BESA) has a SUP to operate a gun club on property located at 6557 125th Street (see attached permit). Condition 19 of the permit states that it shall be reviewed prior to December 1St of the even -numbered years, or if the SUP is amended or violated. Staff visited the gun club on December 17, 2018. There were no changes on the property since the Special Use Permit was amended on September 22, 2016. There are areas of the fence that need to be repaired along 125th Street.. Staff discussed this with the President of the BESA and he stated the fence will be fixed and maintained. 2. CONCLUSION/RECOMMENDATION: Staff is not aware of any violations of the existing special use permit. The staff finds BESA to be in compliance with the SUP. Staff recommends approval of the SUP review. Attachments 1. Site Map 2. BESA SUP 6557125th Street N Site Map 1 inch= 350 feet Pl L jt 4 it 6 ill k -4ti. IF r, lew I 7w -8, A Site , AP r, lew I 7w -8, A Site , SPECIAL USE PERMIT 4'I[3UL7 USE $46.00 Return to: I II I I I C71 OF HUGO I I I I I 14669 FrrZGERALD AVE E N HUGO MN 55038 Certified Filed and/or recorded on; 8/8/2017 1:24 PM 4123021 Office of the County Recorder Washington County, Minnesota Jennifer Wagenius, County Recorder SPECIAL USE PERMIT SPECIAL USE PERMIT DATE OF APPROVAL: August 20, 2007, amended October 3, 2016 ADDRESS FOR WHICH SUP IS GRANTED: 6557 125`h Street North LEGAL DESCRIPTION: E %Z of the SW % of Section 33, T3 IN, R21 W, Washington County, Minnesota OWNER(S): Bald Eagle Sportsman Association ZONING DISTRICT: Agriculture THIS SUP ALLOWS FOR THE FOLLOWING: Operate gun club. THIS SPECIAL USE PERMIT IS APPROVED SUBJECT TO COMPLIANCE WITH THE FOLLOWING SPECIAL CONDITIONS: 1. Any and all conditions of the Special Use Permit must be met within 60 days, unless otherwise stipulated in this Permit. 2. A sign listing the name, hours of operation, club and emergency telephone number (9 11) shall be installed at the main gate. The safety rules are to be posted on the sign, which shall be 4' x 8', lateral dimension. 3. A legal fence shall be maintained in a tight and upright condition. Signs identifying the property are to be posted so that at no point is there not a sign readable. 4. An annual declaration of membership shall be filed with the City. 5. The City of Hugo to be provided with a current list of names, addresses, and phone numbers of the Club's officers. This list should be filed annually, or when there is any change of. officers. 6. A reforestation plan shall be filed with the City and revised annually. 7. A range officer must be on duty at all times the Club is opened to the public. The range officer requirement shall be waived for the Washington County Sheriff's Tactical Unit, allowing them use of the facility up to a maximum of six (6) times per year while under approved supervision subject to the requirements of Condition #8. 8. HOURS OF OPERATION SUNDAYS The Club may be open on six (6) consecutive Sundays ending with the Sunday closest to the Minnesota Deer Season Opener. Hours of operation shall be from 11:00 a.m. to 5:00 p.m. MONDAY THROUGH FRIDAY Hours of operation — 8:00 a.m. until 8:00 p.m. SATURDAY Hours of operation — 10 a.m. until 5:00 p.m. HOLIDAY The Club will close Memorial Day weekend, Labor Day weekend, and the week of the 41 of July. 9. Youth groups and firearm groups are allowed unlimited use of off hours during the days the Club is authorized to be opened. Use is limited to 22 -caliber rimfire. 10. Impulse noise levels shall at no time exceed the maximum levels established by Minn. Stat. § 87A.05. 11. The owners shall have sixty (60) days from the day they are notified that they exceed the standards established by Minn. Stat. § 87A.05 to prepare and submit to the City Council and Planning Commission, detailed plans for abatement of noise so that the operation will be brought within the required standards. Once the plans are approved by the City Council, the owners will have six (6) months to complete construction in accordance with the abatement plans so approved. 12. At no time shall there be a change in the physical operation of the Club without notification to and approval by the City, and at no time shall the current size of the physical operation of the club be increased except for the purposes of buffering or noise mitigation. 13. The Club shall be allowed to construct and use a 200 -yard range, subject to berming of the site for noise abatement. 14. Should the City Council determine that any of the conditions of the Special Use Permit have been violated, and that said violation has not been corrected within thirty (30) days of notification of the property owner of said violation, the City Council shall schedule a public hearing, with notice to the owners, to consider the violation or violations and thereafter, may suspend, modify, or revoke the SUP, giving reason for the action taken. 15. The facility may be used by Club members and their guests, and may be opened to the public, subject to the requirements of Condition #8. 16. The City shall be notified five (5) working days prior to the next regular -scheduled City Council meeting preceding any day during which extended hours will be requested. 17. The owners shall hold the City of Hugo harmless for any loss, expense, damage, including reasonable attorney fees that may be incurred as a result of granting this SUP. 18. The owners shall provide the City with a performance bond, in the amount of $5,000, to insure maintenance of the physical facilities in the condition herein outlined. 19. The SUP shall be reviewed prior to December 1 st of the even numbered years, or if the SUP is amended or violated. 20. The existing facility is approved as shown on Exhibit A. Changes to Exhibit A may only be approved by the City Council after a public hearing with the Planning Commission. 21. Hand held muzzleloaders are permitted to use the facility. 22. BESA will provide the names of three (3) people responsible for maintaining the rules of the Club so that they can be contacted in case of any rule infraction. The Club will provide a copy of their shooting schedule to any neighbor requesting a copy. A copy is to be provided to City Hall. 23. Four (4) days will be designated as CMP shoot days: one day in June; one day in July; one day in August; and one day in September. 24. The BESA shall be allowed to conduct archery shoots and tournaments for the general public on Sundays, from 9:00 a.m. to 5:00 p.m. 25. This permit may be modified or amended by the City Council to incorporate any restriction authorized or permitted by the Shooting Range Protection Act § 87A.01 or any amendment, revision or repeal thereof including, without limitation, reimposition of membership limitations. 26. It is expressly understood and agreed that the modifications made to this Permit as of the date below shall not impair or affect the effective date of this Permit and this Permit is agreed to be in effect on the effective date of Minn. Stat. § 87A.01 et seq., Subd. 8 of which permits continued regulation of days and hours of operation imposed by the terms and conditions of ordinances and permits that are in effect on the effective date of Minn. Stat. § 87A.01. It being the intent of the parties, the existing regulation of days and hours of operation shall not be impaired or affected hereby. STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this % day of Jd(( , 2017, before me, a Notary Public, personally appeared David Arcand, President of BESA, who signed the foregoing instrument and acknowledged said instrument to be his free act and deed. RACHEL A. LEITZ €7 NOTARY PUBLIC - MINNESOTA k ; t-ZW' My Cottxnission Expires Jan. 31, 2020 Notary Public Tom Weidt, Mayor Michele Lindau, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of L"-/� . 2017, before me, a Notary Public, personally appeared Tom Weidt, Mayor, and Michele Lindau, City Clerk, who signed the foregoing instrument and acknowledged said instrument to be his free act and deed. DE61 CLOSE NOTARY PUBLIC - AMNNESOTA OW Conxmion Expires Jan. 31, 2621 THIS INSTRUMENT DRAFTED BY: City of Hugo 14669 Fitzgerald Ave N Hugo, MN 55038 Notary Public iv Exhibit A 441, cr G -11m.4 0 m c 0 N � ■E E E = o = U � c FL 'c c c� I 0 +.1 o b a O o CL) 5� as O U O m b O m bio bio b.0 bio bo bbO ' d v � •� w �U) N ccdm �; 0� rd Cfi� rd a "°' cf) W cb Cli cry ,